TTAB Finds a Consent Agreement Failed to Tip the Balance Bay State Brewing Company’s intent-to-use application to register the mark TIME TRAVELER BLONDE for beer was rejected based on the…

Express Lexicography or Disavowal is not Required in Order to Deviate from a Claim Term’s Ordinary Meaning In Trustees of Columbia Univ. v. Symantec Corp., Appeal No. 2015-1146, the Federal…

Federal Circuit Upholds Grant of Summary Judgment Under Section 101 for Claims Directed to Anonymous Loan Shopping InMortgage Grader, Inc. v. First Choice Loan Services Inc., Appeal No. 2015-1415, the…

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral.  Last month, in In…

The Federal Circuit Will Review Appeals from Inter Partes Review Proceedings Under the “Substantial Evidence” Standard In Merck & Cie v. Gnosis S.p.A., Appeal No. 2014-1779, the Federal Circuit affirmed…

Federal Circuit Holds Refusal to Register Disparaging Trademarks is Unconstitutional The U.S. Court of Appeals for the Federal Circuit, sitting en banc, issued a ruling that Section 2(a) of the…

MARATHON MONDAY does not Uniquely Identify the Boston Marathon Boston Athletic Association (BAA) operates the annual Boston Marathon which has taken place on the third Monday in April every year…

Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR,…

I AM Similar The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s…

Federal Circuit Declines to Reverse Invalidity, Noninfringement Holdings In Spectrum Pharmaceuticals, Inc. v. Sandoz Inc., Appeal No. 2014-1407, the Federal Circuit affirmed the district court’s grant of summary judgment of…